NARAD TAMRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Aggrieved by the decision of the respondents in initiating a disciplinary proceedings and also ordering for conducting of a departmental inquiry the present writ petition has been filed.

(2.) The brief facts relevant for the adjudication of the present writ petition is that the petitioner is working under the respondents as a Constable (Trade). On 16.03.2020 an F.I.R. was lodged against the petitioner for the offence punishable under Sections 506 and 509 (B) of Indian Penal Code and Section 67(A) of the I.T. Act. Subsequently, the matter has been put to trial and the charge-sheet also has been filed before the concerned trial Court. Now the Department has vide charge-sheet dated 05.03.2021 (Annexure P/3)) has been issued.

(3.) The counsel for the petitioner submits that perusal of the contents of the charge-sheet and on perusal of the allegations leveled in the F.I.R., the contents are same. He further drew the attention of this Court to the list of witnesses cited in the criminal case as also in the departmental enquiry and submitted that the main witnesses before the two proceedings also are the same. According to the petitioner, since in the departmental enquiry the witnesses to be examined in the criminal case are same and in case if their statements are recorded in the departmental enquiry ahead of the evidence being recorded in the criminal case, the very defense of the petitioner before the Criminal Court would get disclosed and it may have an adverse baring to the criminal case and which can also be detrimental to the interest of the petitioner. He thus prayed for stay of the departmental enquiry pending the criminal case. The counsel for the petitioner relied upon a couple of orders passed by this Court in WPS No. 8018/2018 decided on 05.12.2018 and also in WPS No. 5252/2020 decided on 14.12.2020.